ORIENTAL INS CO LTD Vs. CHETHAN

JUDGEMENT

(1.) Mfa No.5028/2012 is filed by the Insurance Company questioning the liability and MFA No.5450/2012 is filed by the claimant for enhancement of compensation. Both the appeals are against the judgment and award dated 03.02.2011 passed in MVC No.7657/2010 on the file of Principal M.A.C.T. and Chief Judge, Court of Small Causes, Bangalore.

(2.) The claimant filed the claim petition under Section 166 of Motor Vehicles Act, 1988 claiming compensation for the injuries sustained in the road traffic accident which occurred on 10.10.2010. It is stated that the claimant was riding motorcycle bearing No.KA-44-H- 5017, at that time, a car bearing No.KA-50-M-0166, came in a rash and negligent manner and dashed against the motorcycle. As a result, the claimant sustained grievous injuries. He was treated initially at Government Hospital, Tiptur and was shifted to Sanjay Gandhi Institute of Trauma and Orthopedics, Bangalore. It is stated that the claimant was inpatient for more than three months. It is stated that he was earning Rs.6,000/- per month.

(3.) On service of summons, Insurance Company appeared and filed its objections denying the averments of the claim petition and also contended that the driver of the car had no valid and effective driving licence as on the date of the accident. The claimant examined himself as PW-1 and also examined Dr.Prakashappa as PW-2 in support of his case and got marked 13 documents.